FASD &amp; Justice: The Ethical Case for Effective Training and Knowledge Mobilization Practices for Frontline Justice Professionals in Canada

Stewart, Michelle

doi:10.1007/978-3-319-20866-4_12

Cited by 5 publications

(3 citation statements)

References 31 publications

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“…When diagnostic resources are accessible, defense counsel may also opt not to raise or further expand on a defendant's potential FASD as a matter of legal strategy owing to concerns about negative stereotypes that may be biasing or harmful to the case (Douds et al, 2013;Johansen-Hill, 2019;Roach & Bailey, 2009;Stewart, 2015). Negative and inaccurate stereotypes, which may present FASD as a disability that necessarily increases violence risk or reoffending, or decreases the likelihood of successful rehabilitation, are evident in criminal legal contexts (Chandler, 2015;Hashmi et al, 2021;Roach & Bailey, 2009;Vidovic, 2012), and were apparent in cases for the current review.…”

Section: The Nature Of Fasd Evidencementioning

confidence: 99%

Fetal alcohol spectrum disorder evidence in Canadian criminal cases: A case law review.

Mullally,

McLachlan,

Jewell

et al. 2023

Psychology, Public Policy, and Law

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Increasing evidence highlights the relevance and frequent consideration of fetal alcohol spectrum disorder (FASD) in Canadian criminal legal cases, though systematic evaluation of the impact of such evidence on legal outcomes remains limited. We sought to fill this gap via a systematic review of reported Canadian criminal cases mentioning evidence of FASD (including prenatal alcohol exposure, PAE) between 2012 and 2020. The final sample of 350 cases primarily included male (92.3%) adult defendants (86.9%). The majority focused on sentencing determinations (76.3%), along with dangerous/long-term offender (DO/LTO) designations (1.4%), guilt/innocence (3.4%), criminal responsibility (0.8%), fitness to stand trial (0.6%), and other decisions (7.4%). Indigenous defendants were overrepresented (76.9%), with a subset of cases (33.1%) addressing FASD evidence alongside Gladue sentencing considerations, findings that must be situated in the context of systemic inequities and colonization. Often, evidence about FASD was mentioned only once (42.3%), and roughly half of the cases referenced a formal FASD diagnosis (53.1%). Evidence about FASD was assessed as having "great relevance" in 21.7% of decisions, and among these cases, there was relative consensus that FASD can reduce a defendant's responsibility and moral blameworthiness, and general acceptance as a mitigating factor. However, decision-making challenges were evident across cases due to competing concerns about risk, public protection, rehabilitation, and the long-term nature of the disability. Findings highlight the importance of improving evidence-based FASD knowledge, increasing access to evidence-informed resources, and bringing a culturally informed lens that highlights Indigenous ways of knowing when working within the criminal legal system.

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Section: The Nature Of Fasd Evidencementioning

confidence: 99%

Fetal alcohol spectrum disorder evidence in Canadian criminal cases: A case law review.

Mullally,

McLachlan,

Jewell

et al. 2023

Psychology, Public Policy, and Law

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“…Once involved in the criminal justice system, individuals with FASD are disadvantaged at all stages of the legal process (J. Brown & Harr, 2018; Fast et al., 1999; Hughes et al., 2016; Mutch, 2013; Stewart, 2016; Wartnik & Carlson, 2011).…”

Section: Introductionmentioning

confidence: 99%

Fetal alcohol spectrum disorder and confabulation in psycholegal settings: A beginner’s guide for criminal justice, forensic mental health, and legal interviewers

Brown

Jonason

Asp

et al. 2021

Behavioral Sci & The Law

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Fetal alcohol spectrum disorders (FASD) are neurodevelopmental/neurobehavioral conditions caused by prenatal alcohol exposure (PAE). Impairments caused by PAE contribute to the over‐representation of individuals with FASD in the United States juvenile and adult criminal justice systems. These same impairments can equally impact on individuals with FASD who are witnesses to or victims of crime who also have to navigate the complexities of the criminal justice system. Difficulties include increased susceptibility to confabulation throughout the legal process that, in turn, can contribute to increased rates of poor outcomes including false confessions and wrongful convictions. Individuals with FASD are particularity at risk of confabulation when they are subjected to tactics, such as stressful and anxiety‐provoking situations, threats, and leading, suggestive, or coercive questioning. Many professionals in the forensic context are unfamiliar with FASD or related confabulation risk and may unintentionally utilize tactics that intensify impacts of pre‐existing impairment. This article serves as a beginner’s guide for professionals working in criminal justice settings by (a) providing research‐based overviews of FASD and confabulation, (b) describing how FASD may lead to confabulation, and (c) suggesting ways that professionals can modify protocols when interacting with individuals with FASD. Suggestions in this article hold the potential to decrease the risk of confabulation in the criminal justice system and decrease problematic outcomes, such as false confessions and wrongful convictions among individuals with FASD.

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“…In addition, young people with FASD are likely to be at greater risk of social and environmental risk factors for offending, including educational disengagement (Streissguth et al, 2004). It is also apparent that young people with FASD may be disadvantaged and discriminated against when within the criminal justice system, due to potential difficulties engaging in police interviews, court processes or interventions (Mutch, 2013;Stewart, 2016). Current approaches may therefore be failing to identify and respond to the needs of these young people.…”

Section: Introductionmentioning

confidence: 99%

Neurological Theories

Kent¹,

Williams²,

Tonks³

2021

The Cambridge Handbook of Forensic Psychology

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Given the established association between foetal alcohol spectrum disorders (FASD) and risk of criminality and criminalisation, this systematic review examines the prevalence of FASD within youth justice systems. Four relevant sources were identified. Each source suggests a disproportionate prevalence in comparison to the general youth population. However, this masks significant variation between studies, and a much-heightened prevalence of FASD among Aboriginal youth in custody. The continued lack of research establishing prevalence, limits the potential for strong conclusions and suggests an imperative for improved processes of identification. This highlights systematic deficits in the ability to assess or even screen for FASD, with particular challenges for the youth justice system. Until such challenges can be resolved, it is likely that young people with FASD will remain hidden within a system in which they are at great risk of inadequate support, discrimination and criminalisation.

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FASD & Justice: The Ethical Case for Effective Training and Knowledge Mobilization Practices for Frontline Justice Professionals in Canada

Cited by 5 publications

References 31 publications

Fetal alcohol spectrum disorder evidence in Canadian criminal cases: A case law review.

Fetal alcohol spectrum disorder evidence in Canadian criminal cases: A case law review.

Fetal alcohol spectrum disorder and confabulation in psycholegal settings: A beginner’s guide for criminal justice, forensic mental health, and legal interviewers

Neurological Theories

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